3745-77-10
State law applicability.

[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (SS) of rule
3745-77-01 of the Administrative
Code titled"Referenced materials."]

The director shall have authority to include in Title V permits
any terms and conditions that are authorized by Ohio law, including terms and
conditions that are consistent with the requirements of Chapters 3745-31
of the Administrative Code that
would be applicable in the absence of the Title V permit program. Such terms
and conditions shall be "state only" requirements. The director shall prescribe
the manner and form for the inclusion of such information in Title V permit
applications submitted pursuant to this chapter as is necessary to implement
state only requirements applicable to one or more emissions units at a Title V
source.

(B)
Separation of
state only and federally enforceable permit terms and conditions.

Terms and conditions of a Title V permit that are imposed
pursuant to state law only shall be identified in the permit as not federally
enforceable and shall be differentiated from federally enforceable permit
terms and conditions that are required under the Act or any applicable
requirements. Notwithstanding the separation of state only and federally
enforceable terms and conditions in a Title V permit, all federally enforceable
terms and conditions in a Title V permit shall be enforceable by the director
as well as by the administrator.

The director may modify or eliminate any state only terms and
conditions of a Title V permit in accordance with the same procedures
applicable to the modification or elimination of terms and conditions in a
permit-to-install or permit-to-install and operate
(PTIO) pursuant to Chapter 3745-31of the Administrative Code,
provided that such modification or elimination does not result in a Title I
modification and does not cause the source to become subject to an applicable
requirement or violate any federally enforceable term or condition in the Title
V permit. Nothing in this paragraph shall affect the applicability of the
notification and recordkeeping requirements of paragraph (I) of rule
3745-77-07 of the Administrative
Code.

No person shall violate any state only term or condition of a
Title V permit. Any violation of any state only term or condition of a Title V
permit shall be a violation of division (J)(2) of section
3704.05 of the Revised Code. The
director may suspend or revoke the state only authority to operate one or more
emissions units subject to a Title V permit consistent with
paragraph (B) of rule
3745-31-07 of the
Administrative Code. No person shall operate an emissions
unit after the effective date of a final suspension or revocation of the
applicable state only portion of a Title V permit.